End-Use License Agreement

This Agreement governs the terms by which customers ("The Buyer") of Redefining Default LLC, operating as The Treasure Hunt Builder ("Content Provider"), obtain the right to use the digital content of The Treasure Hunt Builder through the web site located at https://treasurehuntbuilder.com (the "Site"). This End-Use License Agreement is in addition to the Terms of Use applicable to the Site and to all persons downloading content from the Site. In the event of any inconsistency between this Agreement and the Terms of Use, the terms of this Agreement shall govern.

The Buyer shall only use the digital files obtained on the Site in accordance with the permissions in this agreement. The Buyer's digital files are for single household, or single classroom, use only and shall not be submitted to contests, reproduced for commercial use, or reproduced in any way by parties other than the Content Provider.  The redistribution or sharing of digital files is strictly prohibited.

1. Background of Agreement

(a) By downloading content from this site, you accept this Agreement, and agree to be bound by its provisions.

(b) "Content" means any digital image, illustration, animation, film or video footage or any digital media or other material that you are downloading from the Site.

(c) "Single Household" means one person or group of people who have the same housing accommodation or dwelling as their only or main residence.

(d) "Single Classroom" means one "running" of one classroom of 25 students or fewer. "Running" means a single iteration of the offered class or course, whether it be one semester long or some other predefined duration, so long as the duration of the running is not longer than four months.

2. Downloading Terms

We hereby grant to the Buyer perpetual, non-exclusive, non-transferable, worldwide permission to use the Content for the Permitted Uses only (as defined below) subject to the License Prohibitions (as defined below). Unless the activity or use is a Permitted Use, it is prohibited. All rights in and to the Content, including, without limitation, all copyright and other intellectual property rights relating to the Content, are retained by the Content Provider.

3. Single Household Personal License

(a) Permitted Uses. The Content Provider grants buyer a non-exclusive, non-transferable perpetual Single Household, personal-use license to download and copy the Content subject to the following restrictions:

• • This license is for Single Household (as defined above) personal use only. Personal use means non-commercial use of the Content for use on personal computers, or making physical prints for personal use.
• • The Content digital files and any printed copies may only be accessed by members of the household, and may not be shared, sold, or gifted to anyone not a member of the Buyer's household.
• • The Content may not be used in any way whatsoever in which you charge money, collect fees, or receive any form of remuneration. The Content may not be used in products for resale, license, re-license, sub-license, or any other distribution. For example, you cannot superficially modify the Content, print it on a t-shirt, poster, template or any other item, and sell it to others for consumption, reproduction or re-sale. Use as a derivative work and reselling or redistributing (sharing), is prohibited.
• • The Content may not be used in advertising.
• • Title and ownership, and all rights now and in the future, of and for the Content remain exclusively with the Content Provider.

(b) Seat Restrictions. Only the Buyer is permitted to use the Content for personal use, although the Buyer may transfer files among personal devices such as phone, tablet, laptop or desktop computer. The Buyer may download as many digital copies of the Content as they wish for storage on personal devices only, and may print as many physical copies as they wish for personal use by members of their household only.

4. Single Classroom Commercial License

(a) Permitted Uses. The Content Provider grants buyer a non-exclusive, non-transferable, perpetual, Single Classroom license to download and copy the Content subject to the following restrictions:

• • This license is for use in a Single Classroom (as defined above) only. Single Classroom use means printed use of the Content with a single Running of the class.
• • Content digital files may not be shared, given, or sold to students or their families. Content may not be made available for download.
• • The Content may not be resold, re-licensed, sub-licensed, or redistributed without express written permission from the Content Provider. The Content may not be used in products for resale, license, re-license, sub-license, or any other distribution. For example, you cannot superficially modify the Content, print it on a t-shirt, poster, template or any other item, and sell it to others for consumption, reproduction or re-sale. Use as a derivative work and reselling or redistributing (sharing), is prohibited.
• • The Content may be used in advertising and promoting the class.
• • Title and ownership, and all rights now and in the future, of and for the Content remain exclusively with the Content Provider.

(b) Seat Restrictions. The Buyer may only use the Content for a Single Classroom (see definition above), and may transfer the digital files to a device accessible by the classroom instructor. The Content may be installed and used in only one location at a time for each file. If the Buyer requires the Content to be in more than one location or accessible by more than one person, the Buyer must purchase and download the Content from the Site for each such use or individual. The Buyer may download as many digital copies of the Content as they wish for storage on personal devices only, and may print as many physical copies as they wish for personal use by members of their household only.

5. License Prohibitions

(a) Prohibited Uses. You may not do anything with the Content that is not expressly permitted in the preceding section. For greater certainty, the following are "Prohibited Uses" and you may not:

• • use the Content in design template applications intended for resale, whether online or not, including, without limitation, website templates, Flash templates, business card templates, electronic greeting card templates, and brochure design templates;
• • use the Content in any entertainment applications, such as books and book covers, magazines, newspapers, editorials and newsletters;
• • use any of the Content as part of a trade-mark, design-mark, trade-name, business name, service mark, or logo;
• • incorporate the Content in any product that results in a re-distribution or re-use of the Content (such as electronic greeting card web sites, web templates and the like) or is otherwise made available in a manner such that a person can extract or access or reproduce the Content;
• • use the Content in a fashion that is considered by the Content Provider (acting reasonably) as, or under applicable law is considered, obscene, immoral, infringing, defamatory or libelous in nature, or that would be reasonably likely to bring any person or property reflected in the Content into disrepute;
• • remove any notice of copyright, trade-mark or other proprietary right from any place where it is on or embedded in the Content;
• • sub-license, re-sell, rent, lend, assign, gift or otherwise transfer or distribute the Content or the rights granted under this Agreement;
• • install, use or post the Content on a network server or web server for use by other users;
• • use or display the Content in an electronic format that enables it to be downloaded or distributed via desktop or mobile devices or shared in any peer-to-peer or similar file sharing arrangement;
• • either individually or in combination with others, reproduce the Content, or an element of the Content, in which event you shall be required to pay a royalty fee at the Content Provider's reasonable discretion for each and every reproduction.

6. Terms of Agreement

(a) This Agreement is effective until it is terminated. The Buyer can terminate this Agreement by destroying the Content, along with any copies or archives of it or accompanying materials, and ceasing to use the Content for any purpose. The Agreement also terminates without notice from the Content Provider if at any time the Buyer fails to comply with any of its terms. Upon termination, the Buyer must immediately (i) cease using the Content for any purpose; (ii) destroy or delete all copies and archives of the Content or accompanying materials; and (iii) if requested, confirm to the Content Provider in writing that the Buyer has complied with these requirements.

(b) The Content Provider reserves the right to elect at a later date to revoke or amend the license granted by this Agreement.

(c) Upon notice from the Content Provider, or upon the Buyer's knowledge that any Content is subject to a threatened, potential or actual claim of infringement of another's right for which the Content Provider may be liable, the Buyer must immediately and at their own expense (i) stop using the Content; (ii) delete or remove the Content from all devices, computer systems and storage. The Content Provider will provide the Buyer with replacement Content (which shall be determined by the Content Provider in its reasonable commercial judgment) free of charge, but subject to the other terms and conditions of this Agreement.

7. Content Provider Representations and Warranties

(a) The Content Provider has made reasonable efforts to correctly categorize, keyword, caption and title the Content, but does not warrant the accuracy of such information. Additionally, the Content Provider does not warrant the accuracy of any metadata that may be provided with the Content.

(b) THE CONTENT IS PROVIDED "AS IS" WITHOUT REPRESENTATION, WARRANTY OR CONDITION OF ANY KIND, EITHER EXPRESS OR IMPLIED, WITH THE PURCHASE OF DIGITAL CONTENT. THE CONTENT PROVIDER DOES NOT REPRESENT OR WARRANT THAT THE CONTENT WILL MEET YOUR REQUIREMENTS OR THAT ITS USE WILL BE UNINTERRUPTED OR ERROR FREE. THE ENTIRE RISK AS TO THE QUALITY AND PERFORMANCE OF THE CONTENT IS WITH THE BUYER. SHOULD THE CONTENT PROVE DEFECTIVE, THE BUYER ASSUMES THE ENTIRE RISK AND COST OF ALL NECESSARY CORRECTIONS.

(c) The Content Provider will not be liable for any third party claims or incidental, consequential or other damages arising out of this license or buyer's use of the Content.

8. General Provisions

(a) The Buyer specifically agrees and acknowledges that they have, in addition to the terms of this Agreement, reviewed the Terms of Use and any other agreements which may be incorporated, and to the extent of their incorporation in this Agreement the Buyer agrees to be bound by them.

(b) The Content Provider's failure to insist upon or enforce strict performance of any provision of this Agreement shall not be construed as a waiver of any provision or right.

(c) This Agreement is personal to the Buyer and is not assignable by the Buyer without the Content Provider's prior written consent.

(d) The parties have agreed that this Agreement and all related documents be drawn up in English.

9. Acknowledgement

YOU, AS THE BUYER, ACKNOWLEDGE THAT YOU HAVE READ THIS AGREEMENT AND UNDERSTAND IT. IN CONSIDERATION OF THE CONTENT PROVIDER AGREEING TO PROVIDE THE CONTENT, YOU AGREE TO BE BOUND BY THE TERMS AND CONDITIONS OF THIS AGREEMENT. YOU FURTHER AGREE THAT IT IS THE COMPLETE AND EXCLUSIVE STATEMENT OF THE AGREEMENT BETWEEN YOU AND THE CONTENT PROVIDER, WHICH SUPERSEDES ANY PROPOSAL OR PRIOR AGREEMENT, ORAL OR WRITTEN, AND ANY OTHER COMMUNICATION BETWEEN YOU AND THE CONTENT PROVIDER RELATING TO THE SUBJECT OF THIS AGREEMENT.